2016 STATISTICS OF THE GERMAN PATENT AND TRADEMARK OFFICE AND THE FEDERAL PATENT COURT WITH RESPECT TO PATENT AND UTILITY MODEL CASES

Proceedings before the German Patent and Trademark Office

Examination proceedings

The number of patent applications in Germany have risen in 2016 to 67 898 (66 897 in 2015) including the entry of PCT national phases. 35 673 examinations have been finished, whereas 15 652 patents have been granted. This is a grant rate of about 44%.

Further, 14045 utility models applications have been filed, which is a decrease of 2% compared to 2015.

Opposition proceedings

In 2016, 416 oppositions have been filed compared to 402 in 2015. From 445 finalized cases, 122 (27%) patents have been revoked and in 247 (55%) cases the opposition has been rejected or the patent has been maintained in amended form. The remaining patents have been withdrawn or abandoned.

Radiations proceedings (utility model)

The radiation proceedings are proceedings to declare the utility model void. In 2016, 103 requests for radiation of a utility model have been requested.

Proceedings before the Federal Patent Court

In 2016, 461 new appeals (Examination and Opposition) have been filed. The mean duration for appeal proceedings is about 3 years.

30 new appeals against the decision of the German Patent and Trademark Office have been filed in the field of utility models, compared to only 7 in 2015. The mean duration of the appeal proceedings is about 2 years.

In 2016, 284 new nullity actions have been filed compared to 217 in 2015. 206 cases have been closed. The mean duration of nullity proceedings is about two years.